There is justice in the world; this has been proved once again when the Court of Appeal upheld the County Court Judge's decision in a registered case.
There is justice in the world; this has been proved once again when the Court of Appeal upheld the County Court Judge's decision in a registered case. The case involved a former miner, who claimed that he was the victim of Vibration White Finger and went ahead to make a Vibration White Finger Claim ("VWF"), which is similar to making a Hand Arm Vibration Syndrome Claims. Along with the injuries, the claimant has also sued the defendant for being under compensated when he applied for compensation under an industrial injury scheme.
The claimant, an ex-miner, had filed for a claim under the Government owned compensation scheme of VWF way back in 1999. However, during his regular work hours, he was injured while working on heavy power tools which led to his industrial disease claim. In order to compensate people with such injuries, the scheme was designed; on one side, the scheme had the representatives from the unions and the former employees, while on the other end, the employers were upholding their part of the argument.
The ex-miner has not had a rosy life, even despite filing for a case under the compensation scheme. In 2002, the claimant followed the advice of Raley's, a soliciting firm which was representing him in the court of law. As per the negotiations, he accepted a claim of £10,800 for punitive damages for being handicapped in the labour market. However, due to the injuries, the claimant was unable to seek any work as a labourer. Due to a case of misrepresentation by the Raley's, the claimant eventually ended up suing the soliciting firm for giving him incorrect advice and for asking him to hold out of the series of advantages which included the likes of gardening, car maintenance and DIY reimbursements.
At the time of the settlement, the claimant was well aware of the scheme's advantages. As per the guidance from Raley's, he held back from making full use of the advantages from the scheme. He was falsely advised to avoid claiming the damages at the time of settlement and further wait it out, so as to be able to claim a few other interim charges as well. The claimant explained his immediate monetary needs to his solicitors as he needed to plan a surprise anniversary trip for his wife. However, due to Raley's negligence to share the correct details, the "wait out" cost him £3,000, which could have been made available to him, in case he wanted to hold out for the services claim settlement.
At the time of trial, the defendant's motives were ripped apart, piece by piece. The defendant's motive to harm the claimant's honesty was questioned, and the case was advanced in the form of a full frontal attack. The claimant was sure he was not a victim of VWF and wanted to claim whatever was being made available as a means of settlement.
The claimant was unable to impress the judge with his claims. However, his honesty upheld his image in the court of law, swinging the result in his favour. The judge also stated that the claimant should have taken what was being offered and proceeded thereon, so that the compensation was made appropriately.
The Court of Appeals agreed to the fact that the defendant was dishonest and should have acted in favour of the claimant by putting all the agreements on the table. While the claimant, till some point of time, was honest, the chance of earning more than what was settled, turned him into a dishonest person.
During a trial, the judges usually look at both the sides of the story. But what can really make the case tilt in either party's favour are the motivation and the sequence of events which describe the true essence of the case. When all the facts were presented, the judges also came to know a shocking piece of news. During the representation of the claimant, Raley's was also involved in a scam wherein they were representing 12000 former miners, all of whom were misrepresented in their respective claims. Raley's benefited by making millions of pounds out of these transactions.
Commenting on the news a source close to Tylers Solicitors mentioned "There are many cases out there which many ex-miners or construction workers are not getting their full amount for their injuries. There are a lot of dishonest solicitors out there that are feeding off peoples illnesses or injuries by not giving them the full amount. This is why Tylers Solicitors work with a company policy that cares for our clients and we strive to make sure that our clients receive the highest amount possible for their injuries, because unlike many other solicitors we actually care".
Tylers Solicitors is one of the most well represented groups of solicitors in the country and they specialise in such kind of cases. In case you also feel that you have been cheated out of your rightful claim, then you too should approach them. Please contact them on email@example.com or you can even reach out to them via phone on 0800 699 0079.